What Is A Guardian Ad Litem And What Do They Do?

It is not uncommon for the court to appoint a guardian ad litem during
contentious custody battles. A guardian
ad litem (GAL) is an independent party with the task of protecting and advocating
for your child’s best interests. Black’s Law Dictionary defines
a GAL as “a guardian, usually a lawyer, appointed by the court to
appear in a lawsuit on behalf of an incompetent or minor party.”

In Virginia, Rule 8:6 of the Rules of the Supreme Court of Virginia sets
forth the role of a GAL:

“The role of counsel for a child is the representation of the child’s
legitimate interests. When appointed for a child, the guardian ad litem
shall vigorously represent the child, fully protecting the child’s
interest and welfare. The guardian ad litem shall advise the court of
the wishes of the child in any case where the wishes of the child conflict
with the opinion of the guardian ad litem as to what is in the child’s
interest and welfare.”

Outside of this mandate, GALs are free to do whatever they feel is necessary
to protect your child’s best interest. This typically includes meeting
with you and your child’s other parent, meeting with the child,
contacting your child’s teachers, therapists, coaches and doctors
to obtain an understanding of what is going on in your child’s life
and what issues are or may be affecting your child – especially
as they pertain to the custody proceeding, and GALs are also authorized
to review relevant records of your child such as medical records, school
records and court documents.

Moreover, GALs are permitted to and frequently do conduct home studies.
This means that the GAL can come to your home, observe the environment
there and draft a report indicating the home conditions and how it impacts
your child’s health, safety and welfare.

As you can imagine, it is extremely important to form an amicable or cordial
relationship with the GAL in your custody case. Make sure to contact the
GAL regularly and keep him or her apprised of what is happening in your
child’s life. This will show the GAL that you are concerned and
taking an active role in the process. Also remain courteous and truthful
in your interviews and conversations with the GAL, and avoid bashing or
trash talking the other parent involved in your custody battle. Remember,
you are always under observation when the GAL is around and you want to
avoid doing or saying anything that will hurt your custody case.

Additionally, you always want to copy the GAL on any and all court documents
in your case (pleadings, motions, etc.), and the GAL is free to file pleadings
and motions on your child’s behalf in your case.

After the GAL has conducted a home study and home visits, and had the opportunity
to interview the parents, teachers, doctors, etc., the GAL will have to
report to the judge in your case on their findings and observations, and
will provide recommendations. Sometimes the GAL will compose a written
report, but often times the GAL will give an oral report to the judge
in court during your custody case. Once the GAL has concluded, the judge
and your attorney will have the opportunity to question the GAL on their
recommendations and basis for their opinions.

It should be noted that the GAL’s opinions and recommendations could
carry a great deal of weight in any custody battle. This is particularly
true in a highly contentious custody case where you are enmeshed in a
“he said,” “she said” cycle with your child’s
other parent.

If you are involved in a custody battle, whether a GAL is appointed or
not, you should always hire an independent family law attorney who knows
the law in your jurisdiction and who will fight for your rights. The knowledgeable
family lawyers at the DiPietro Family Law Group have decades of experience
representing clients in all types of family law matters, and we are here
to help you. Call us today for a consultation at (888) 530-4374 or
contact us online.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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